America and West Indies: April 1727, 1-15

Pages 240-254

Calendar of State Papers Colonial, America and West Indies: Volume 35, 1726-1727. Originally published by His Majesty's Stationery Office, London, 1936.

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April 1727, 1–15

April 8.
498. Lt. Governor Wentworth to the Council of Trade and Plantations. Acknowledges letters of 8th July, 1726 and 12th and 28th Feb., and 9th Nov. Will shortly observe commands in transmitting duplicates etc. Continues :—This Province has kept no record of the importation of negroes, not haveing any commerce with Affrica, we are supply'd from Barbadoes, Antigua and the Leeward Islands, and seldom with more than four or five in the space of a year, excepting the year 1718 about twenty men, women and children from Antigua. Boston, New York, and Rhoad Island, have of late years sent vessells to the coast of Africa, and bro't their slaves directly to their own ports. I judge here is not more, than one hundred and fiffty negroes and Indians in this province, but for the future shall take care that an exact acct. be kept, and sent to your Lordships etc. I come now to Mr. Fane's opinion on that Act relating the felling pine trees, within or without townships, wherein he argues hansomely, but not so fully and clearly as I could wish, for that Gentn. not being so well acquainted with the country, probably might imagine that the towns allready settled, were improved as the townships were in England, or as easily secured as Gentlemen's parks are, within inclosures, but if he were present his idea would be quite different, some of our towns are twelve or fourteen miles in length, and eight or ten in breadth, and not more than one eigth part improved, and the rest impassible, so that there is as much necessity to guard the old towns as the new, and outlands. As to the new towns lately granted to H.M. subjects, there is as full and as strong a reserve made to the Crown as can be, of all masts etc. refering to the Act of Parliament made for that end, and if the Surveyor dos his duty [? they will] be preserved. It is with much pleasure, that I can say, that when it was my province to inspect the King's woods, there was never before nor since so little waste made, and tho' it cost me considerable to support rideing and other officers, yet to this day I have not been allow'd one farthing, neither can I tell where to apply, but as I have faithfully served my King in it, I must be content if I have no other reward. I am humbly of opinion that the same penalty should be on the cutting pine trees, within, as without townships. Governr. Shute and myself were present at a tryall, in the Province of Main, when the Judges gave the case against the King, by reason the trees were cut within the townships, and without an Act of Parliament to make all trespasses on the King, in respect to cutting or felling any trees fitt for H.M. service, within or without townships, be made, that shall extend to all the Provinces on the Continent, and a faithfull officer appointed, and the lines settled between the provinces of the Massachusetts and New Hampshire, and that such trespasses shall be cognizable in the Court of Admiralty only, and not at the Common law, it will soon be too late to do anything on that head, for every thing that is valuable will be destroy'd. Mr. Burniston misaply'd, or misunderstood a perragraph in my letter, when I wrote him I should take care of the King's woods, and would have it that I intended the Province of New Hampshire and not in the Province of Main, whereas, the Surveyor never extended his authority there. In my letter of 17th March, 1725, I advised your Lordships of a shipload of masts that were cutting without the King's lycence, which I appriz'd the Surveyor of, etc., and that I tho't it his duty to seize the mast, wch. was done, but not hearing anything of the event etc., I sent for him to know how far he had proceeded in that matter, his answer was that the Judge Advocate at Boston, had advised him to quitt the seizure, and that he had advised home on the affair, takeing bond for being sent home, and tender'd to the Government. Some months affter this, a Memorial was laid before me by Mr. Samuel Waldo, agent for Mr. Gulston who has contracted with the Navy board, complaining of the neglect of the officers, in refuseing to do their duty, upon which I discoursed the Judge Advocate, who gave me from under his hand, that he was ready to discharge his duty as Advocate, provided Mr. Waldo gave him security to indemnify him, but that should not make a catt's paw of him, seeing there was a difference between Mr. Gulston the Contractor, and Messrs. Bayley and Haws the owners of these masts. I sent for the King's Attorney Generall of this Province, who gave me the same answer etc. I have wth. advice of H.M. Councill given orders that bond shall be given here for their being landed in England, tendering them to the Government as by Act of Parliment; considering the great armament H.M. has at sea, and the dayly expectation we are in of a war, and that it may be better determin'd at home than here, for if these masts had been bro't into the common law it is ten to one if they had not been clear'd, for the Jury will give such cases against the King, and then these masts wch. now may serve the Crown, might probably been sent to some forreign Prince etc. P.S. I have furnished Mr. Newman with everything we can relating the lines etc. Signed, Jno. Wentworth. Endorsed, Recd. 3rd, Read 28th June, 1727. 3 pp. Enclosed,
498. i. Petition of Samuel Waldo to Lt. Governor Wentworth, referred to in preceding. Prays that the masts, gotten without the royal licence, may be seised and the Attorney General instructed to prosecute. Signed, Sa. Waldo. Copy. 2 pp.
498. ii. Minute of Council of New Hampshire, 3rd April, 1727. Examination of Mr. Armstrong, Depty. Surveyor, and Mr. Phipps, Attorney General, referred to above. Endorsed, Recd. 1st June, 1727. Copy. 2 pp. [C.O. 5, 869. ff. 448–451v.]
April 6.
499. Mr. Popple to Mr. Carkesse. Again presses for reply to 7th March, " that Mr. Calvert who at present waits for nothing else may be forthwith despatched. [C.O. 324, 11. pp. 39, 40.]
April 8.
Custom ho..
500. Mr. Carkesse to Mr. Popple. Returns draft of Instructions for the Deputy Governor of Maryland with suggestions by the Commissioners of Customs. They desire " that an Instruction may be given to the Deputy Governors of the Proprietary Colonys for excusing the Officers of the Customs from serving on juries or personally appearing in arms, as is done to Governors of H.M. Colonys immediately depending on the Crown" etc. Requests copy of final Instructions. Signed, Cha. Carkesse. Endorsed, Recd. 10th, Read 11th April, 1727. 1 p. Enclosed,
500. i. Draft of Instructions for Depty. Governor Calvert, with alterations and additions proposed by H.M. Commissioners of Customs. 7 1/8 pp.
500. ii, iii. Orders of King in Council, Oct. 2, 1721, 14th June, 1722 ; Rules proposed for granting Mediterranean passes, and forms of certificates, and bonds for British and foreign ships etc. Printed. 21 pp. [C.O. 5, 1266. ff. 229–232, 233–234v., 236–244, 245, 246v.]
April 8. 501. A. D. to Lord Townsend. A new Governour is going to Maryland an educated R. Catholick. Jesuits goes over their annually, and they have places there much in ye nature of convents, and by reason of ye little care of ye choice of ministers and church discipline ye R. C. increases and spreads not only over at that province but the neighbouring provinces. The new Governour has made choice of and is going over to his governmt. with a R. C. comander. in that province al criminal causes and others where ye King is mention'd in our courts, are mention'd and try'd there in ye name of ye Ld. proprietor, which is said is assuming a sovereigne power etc. R. C. have been deem'd subjects to a foreigne power and by instruction of their preists and principles wil be in ye interest of a R. C. prince and in ye neighbouring province Pensilvania ye Collector, Secretary, and some of ye Council was formerly reputed in ye interests of ye pretender etc. If our affairs at home should be imbarrass'd a great defection may be fear'd from those parts, which would give a great interruption to trade and a great diversion to the force of great Brittain. The late Governor Hart had warm contests with ye R. C. insomuch that by an Agent in London the Spanish Ambassador was sollicited for lands in the Spanish West Indies for 'em to settle and retire to with there effects, in case Mr. Hart continued Governr. or did further oppose them, and they were answered that they should have lands assign'd them and al imaginable incouragements. If by their leaders they could be spirited up to leave their settlemts. for what they could get for them what would they not undertake and even by a Spanish power to support there present settlemts. whenever a proper juncture offers and in ye neighbouring provinces there is a great number of disaffected persons that only waits an oppertunity to shew them selves when any likely support to ye cause can appear. You may remember a great many of ye late rebels was sent there, many of which are supported and caress'd. The year after ye So. Sea scheem ye Jesuits in Maryland sollicited for many to improve their interest and settlement here and elsewhere, but was answered that they had been great sufferers in 1720, and could not than assist them. I lay this before you for the sake of my country etc. Signed, A. D. Addressed To the Right Honorable the Ld. Townsend at ye Cockpit Whitehall. 2 pp. [C.O. 5, 721. No. 19.]
April 10.
St. James's.
502. The King to Governor Shute. You are to acquaint the Councils and Assemblies of Massachusetts Bay and New Hampshire to establish a fixed salary for Our Governor etc., verbatim as proposed 22nd Feb. v. A. P. C. III, p. 106. Concludes :—If they shall not pay a due and immediate regard to Our Royal will and pleasure hereby signified, we shall look upon it as a manifest mark of their undutifull behaviour to us, and such as may require the consideration of the Legislature in what manner the honour and dignity of Our Government ought to be supported in those Our provinces for the future. Countersigned, Holles Newcastle. [C.O. 324, 35. pp. 323–326.]
April 10.
503. Governor Hart to the Council of Trade and Plantations. Encloses duplicates of 15th Feb. and 5th March. Refers to enclosed lists of negroes imported, and to letter sent to the Governor of St. Domingo to reclaim the vessels taken at Sta. Cruz. (v. 5th March) etc., " which is inclosed and submitted to your Lordships whether, either for matter or stile, it ought to have been receiv'd with that contempt as is mention'd in Capt. Bardin's letter. Capt. Bardin was bred to the sea, and has never commanded a better vessel than what he lately lost by the Spaniards, yet as I found him a man of sense, (and also interested in the affair) I thought him a proper person to send to the Governor " etc. Indeed he has more than answered my expectations etc. I find his answers so pertinent, his remarks so just, and his offers so generous to sacrifice his liberty for the publick good, that I shou'd be wanting in justice to the poor man's charracter, if I did not transmit his letter etc., and pray your Lordships leave to be refer'd thereto, for what is expected from the Spanish justice etc. I have also a letter from the Governor of St. Domingo in answer to mine with a copy of the proceedings of the Courts of Justice there etc. But I am so unfortunate not to have one person in these Islands that can translate it from the Spanish language, and shall be obliged to send them to St. Eustatia to get them translated etc. In the mean time for your Lordships' better information of the proceedings of the Spaniards with relation to taking, and making prize of all vessels they can overpower, which belong to H.M. subjects I inclose the original letter from Mr. Robert Galbraith who resides, as a Factor for the Royal Assiento Company, at St. Domingo, etc., as a further instance of Spanish justice and amity to the British Nation etc. Encloses Lt. Governor Byam's reply (v. 5th March and encl. vi). Continues :—I was greatly surpriz'd to find the Council of Antegoa were neither of opinion that the Spanish effects (belonging to the ship lately lost at Barbuda) might be detain'd either in the hands of the Surveyor General of the Customs, or in the manner propos'd in my letter, at least till the return of the vessel I had sent to St. Domingo etc. On this information I immediately repair'd to Antegoa, and on my arrival there was inform'd by Mr. Dunbar Surveyor General of the Customs, that he had secur'd in the Custom house, all the effects he could find belonging to the said Spaniards for a breach of the Acts of Trade, for that the said Spanish Captain upon his being run on shore at Barbuda, had set fire to his ship, and burnt her, and that he had dispos'd of several valuable parcels of his cargoe, of which he had never render'd him any account as an Officer of the Customs. And had purchas'd a ship, late belonging to one Captain Green, reputed the best sailer in the West Indies ; and capable of mounting twenty guns (which wou'd have been of dangerous consequence at this time) in order to transport himself, his effects, and the fifty Spaniards his late crew, to the Island of Porto Rico. Mr. Dunbar likewise inform'd me that the said Spanish Captain and super cargoe had chang'd all their peices of eight (which it is said amounted to 80000) for French and Spanish pistoles and other gold coin, for which they gave a price beyond the intrinsick value ; and that he had in the Custom house abt. seventy or eighty thousand weight of cocoa, and 7,300 peices of eight. I told Mr. Dunbar that he best knew how far they had offended against the laws, and which must be try'd at a Court of Admiralty; But that I was of opinion that it wou'd be more for H.M. service, if these effects were detain'd by the advice of Council untill H.M. pleasure was known, considering the great losses his subjects had lately sustain'd at Sta. Cruz. Mr. Dunbar answer'd that he had the advice of the Attorney General for what he had done ; But since I resolv'd to advise with the Council, he wou'd readily submit to what was thought most proper for H.M. service. I met the Council of Antegoa, and desir'd they wou'd again take into their consideration the letter I wrote to Governor Byam etc., and laid before them H.M. 98th Instruction etc. Which in my opinion with their advice and consent was a sufficient authority to detain these effects, till I had advice from the Governor of St. Domingo, whether or not he wou'd restore the vessels taken at Sta. Cruz. I urg'd to them that in my opinion, from H.M. late Speech to His Parliament, a war was unavoidable. I likewise laid before them the advice I had receiv'd from Captain Delgarno Commander of H.M.S. Southsea Castle, that the war was actually begun by the seige of Gibralter; From which in all probability, there was but little reason to hope the Governor of St. Domingo, wou'd restore the vessels aforesaid ; and that unless these effects were detain'd, I cou'd not see how the sufferers at Sta. Cruz cou'd be reimburst for the damages sustain'd there by the Spaniards. I likewise endeavour'd to show them the difference between a seizure and detainure, and that as to the last, none of the effects detain'd cou'd be dispos'd of, untill H.M. pleasure, ratifying the same, was known. I also acquainted them, that I had given my word of honour to the Governor of St. Domingo that in case the vessels, cargoes etc., taken at Sta. Cruz, and now in his possession, were return'd, I wou'd then restore all the Spanish effects etc. aforesaid. And I hop'd they wou'd think it reasonable that the said effects shou'd be detain'd untill I had an answer from the aforesaid Spanish Governor : and unless this was done I cou'd not help observing to them, that it wou'd be showing a very great indulgence to the Spaniards, who acted as enemies against us : and wou'd be very unfortunate to our fellow subjects, the sufferers at Sta. Cruz. But notwithstanding all I had represented, I found a majority of the Council resolv'd to persist in their former opinion, that the said Spanish effects ought to be restor'd to the Captain, that he might have liberty to depart when he pleas'd. Upon this I order'd another meeting of the Council the 5th of April, which I did rather to stand justified in your Lordships opinion on my conduct in this affair, than from any expectations I had, that the Council wou'd, in any degree, alter their former resolutions, whatever I might have further to offer. The proceedings of that day in the inclos'd Minnits are humbly laid before your Lordships, for your judgement on the queries I then gave in writing to the Council, and their answers thereto. The result of which, was that the Spaniards aforemention'd, might have liberty to transport themselves, and their effects where they pleas'd. As I cannot find that I have any power to detain the Spanish effects without the advice and consent of the Council, so I am oblig'd to acquiesce in their opinions ; tho' with greif of heart, if there was no other reason for it, but that whilst I have the honour to remain as H.M. Governor here, I have the mortification to see the Spaniards captivate and spoil his subjects, even within the limitts of my Government, without redress ; yet when Providence has put the means of reperation in H.M. power, that we shou'd be so much wanting to ourselves not to detain them till His Royal pleasure was known, which in my humble opinion is agreeable to the sense of my 98th Instruction, and the provission made therein against such unforeseen events. But is all humbly submitted to your Lordships' superiour judgment. I am now to acquaint your Lordships of an unhappy effect the not detaining this money has had on the trade of Antegoa; which is, that the Spanish Master and others, merchants and supercargoes of the ship lost at Barbuda, have exchang'd their silver for gold, at the rate of 5 ps. of eight for a pistole, and have privately sent away the gold, and the British subjects have sent the silver for England ; so that the Island is left with very little current cash for the markett etc. Mr. Dunbar has signified to me by letter, that he has been advis'd by the Attorney General here, since the Council wou'd not interfere, to detain the aforemention'd Spanish effects in his custody, in the Custom house of Antegoa, on advice that the war is actually commenc'd at Gibralter; and that he has given an account of his proceedings to the Right Honourable the Lords Commissioners of the Treasury and the Commissioners of the Customs ; and is resolv'd so to detain them, untill he shall receive their Lordships, or the Commissioners commands and directions thereon. I beg leave to observe to your Lordships that Mr. Dunbar has put this matter into a channel out of my province, since all that I have to do with the Officers of the Customs, (being under the immediate direction of the Lords of the Treasury) is to give them protection in the due execution of their offices. But in justice to Mr. Dunbar, I cannot help (with great submission) observing to your Lordships that he has acted in this affair with great zeal and vigour for H.M. service, and hope he will find that approbation from his Principles in my humble opinion he deserves. My Lords, I take it to be my duty, humbly to represent to your Lordships the unhappy situation the trade of the Leeward Islands is in from the proceedings of the Spaniards, even before a war is declar'd ; and am now to lay before your Lordships how much they are expos'd in time of war. There is no harbours in the Islands of St. Christophers, Nevis, and Mountserrat, so that the ships trading hither anchor in roads open to the sea ; and are expos'd to the privateers of Porto Rico, who can come from thence in two days to St. Christophers, and cut out any of the ships in the night time, notwithstanding the defence expected from the adjacent forts and battaries ; as was practiced in the last war with Spain. I am inform'd that the Spaniards are now building an eighty gun ship, and several of a less rate at the Havana; and in order to fit them out sent up two large sloops, well man'd to St. Eustatia belonging to the Dutch West India Company, situated within two leagues of St. Christophers ; where this last week these Spaniards purchas'd from the Governor of St. Eustatia, rigging for the aforesaid men of war, powder, and a great quantity of other warlike stores. And also purchas'd two very large sloops from one Dunker there, capable of carrying 100 men, and 10 guns each. I am further inform'd that the Spaniards are fitting privateers in several other ports, and that they have several English sailers, who are acquainted with the coasts in the West Indies ; and am apprehensive will soon do great damage to our trade, especially if some provission is not made for reprisalls, of which your Lordships are the best judges. Captain Delgarno, Commander of H.M.S. Southsea Castle of 40 guns, is an excellent and diligent Officer; and has shew'd himself so ready to do H.M. service in his station here, that there is nothing wanting on his part: But I am humbly of opinion if there are so many privateers fitted out as is reported, there will be occasion for another ship of war, of 20 guns, to protect the trade of these Islands; and the ships bound for Jamaica, who all come into this latitude in their way thither; and I submit it to your Lordships whether this is not a matter proper to be represented to the Lords Commissioners of the Admiralty. Your Lordships may please to observe in the Minnits of the Council of Antegoa of the 2nd of March, that the Secretary and Marshal were order'd to demand the letters from the Spanish Captain in his custody, and that they shou'd be lodged in the Secretary's Office. I am to inform your Lordships (that notwithstanding the opinion of the Council to deliver up the Spanish effects) I believ'd it for H.M. service, and for your Lordships information of the Spanish trade in the West Indies, on certain advice hostilities were begun at Gibralter, to secure those letters, which I have done, and now send them to your Lordships unopen'd by me, in a bag as I receiv'd them from the Secretary of Antegoa. On this occasion I beg leave to acquaint your Lordships that I advis'd with Mr. Bumpsted, Inspector General for the Royal Assiento Company, who was then at Antegoa with the Royal George etc. (v. 30th Nov. 1726), who assur'd me that Admiral Hosier had open'd all the letters that came into his hands; which I thought was a sufficient authority for me, especially after an infraction of the Peace etc. I have not met with any person, who can give your Lordships a more exact account of the Spanish West Indies, both as to their government and trade : and who is better acquainted in the affairs of H.M. Plantations than Mr. Bumpsted is, etc. Refers them to him for an account of the Spanish ship lost at Barbuda etc. Encloses a levy Act of Montserrat, laying 8s. 6d. pr. pole on the inhabitants for defraying the public debts; which is the only tax has been rais'd for three years, and a levy Act for Antegoa. Continues : —As there is no duty laid that may affect the trade of Great Britain, I shall not give your Lordships the trouble of making any observations upon it. I am sorry to acquaint your Lordships that the Islands of Antegoa and Nevis are so much afflicted with excessive dry weather, as not only to " prejudice their crops more than one half for this year, but will also greatly affect the growth of their canes for the year to come." Proposes to make use of H.M. royal license to return for England by the 1st of June etc. and hopes to be able to render such an account of his administration as may find their approbation etc. P.S. Mr. Mann has been spoken to and wrote to several times for a duplicate of the list of negroes imported here etc. Signed, Jo. Hart. Endorsed, Recd. Read 14th July, 1727. 10 pp. Enclosed,
503. i. Governor Hart to Don Francisco La Rocha Ferrer, Governor of St. Domingo. St. Christophers, 6th March, 1727. The capture of seven English sloops and crews at Sta. Cruz (v. 5th March) by Capt. Juan de Messa on said Governor's Commission cannot but be looked upon as an infraction of the Peace, unless restitution be made. His Britannick Majesty has a considerable fleet in the West Indies, but no act of hostility has yet been done by his Admiral etc. A Spanish sloop has lately been lost on Barbuda, commanded by Don Peter Nava etc., whose goods have been inventoried and put in the Custom house, and he and his crew have the liberty of the Island etc. Signed, John Hart. Same endorsement. Addressed. 4 pp.
503. ii. Richard Bardin to Governor Hart. St. Domingo, 8th April, 1727. I carried your Excellency's letter and papers (No. i) to the President, who received them with scorn etc. When it was realised what a valuable pledge we hold, their attitude altered. The President is naturally of a good temper, but surrounded by a pack of indigent wretches, and weak. The privateers have not only ruined our vessels but are fitting out again and publickly proclaim they will take all they find and never suffer any one again to come and make complaints, for they'll murder and destroy all they meet, and that if I here recover damage I shall never carry it away etc. As I have great expectation of recovering the whole in about 6 weeks, I shall be utterly at a loss which way to bring it away, but submit it to your Excellency. For my person I desire no care may be taken if war is proclaimed because 'tis probable I may escape thro' the woods to the French Colonies. The President evades giving me a direct answer, and delays me in hopes of hearing war proclaimed, when it will be in his power to hinder the otherwise inevitable ruin of his favourite. It is more than probable the President himself is concerned with these bloody villains who openly violate all laws etc. Acknowledges the assistance of Mr. Galbraith in this affair etc. Signed, Rd. Bardin. Same endorsement. 7 pp.
503. iii. Inventory of losses in the vessels taken at Sta. Cruz, sworn before the President at St. Domingo, 25th March. Total, 24,943 p.8/8, 6 rlls. 3 3/4 pp.
503. iv. (a) Petition of Capt. Bardin to the President of St. Domingo, 15th March. In pursuance of the letter etc. of Governor Hart, No. i, asks for an order for delivering of the vessels and cargoes etc. taken at Sta. Cruz etc. Signed, Rd. Bardin.
(b) Reply to preceding. The case is at present sub judice and the President cannot therefore give such an order as is desired. Capt. Bardin may remain in the city to prosecute their defence or leave powers of attorney etc.
(c) Capt. Bardin to the President of St. Domingo. Asks and obtains permission to dispatch a sloop to inform Governor Hart of the present state of affairs. Enclosed in No. ii. Endorsed, Recd., Read 14th July, 1727. 2 ¾ pp.
503. v. Robert Galbraith to Governor Hart. St. Domingo, 7th April, 1727. Refers to Capt. Bardin's mission etc. " which had not your Excellency detained the effects of the ship lost at Barbuda would have availed nothing, haveing daily instances of their bringing in vessells from all parts and condeming them without alowing any defence," etc. From severed instances selects " the title they have to the two privateers with which they are daily plundering their neighbours. The sloops belonged to Boston and bound to Jamaica when taken (by a galley built in this River) on the N. side of this Island loaded with pine boards shingles salt fish etc. and brought in here one with the mate and some of the hands, the other without any of her people. The mate of the one attempted the defence of the vessell he belonged to, but was put in prison by the owners of the privateers, and threatned to be kept there unless he would renounce his right to his vessell. However the President took another way with him offering him if he would find security for the damadges the privateers sustained in the prizes dureing the suite he would allow him to plead for her, which here they knew was not to be had unless they would have accepted of me but that they refused, as also my defending the other and so remain with them both. Thus would they have done with those taken at Sta. Cruz had not your Excellency's stopping the shipp as aforesaid prevented it, there's now here a small Tortola sloop brot. in by the same privateers that was returning from Curaçao where they had sold a few yams, potatoes and Indian corn the produce of which was what they tooke on board her near the Po. Rico shore. Altho' the poor man did not so much as designe to trade they have without condeming her sold the sloop and cargoe, by those proceedings your Excelencey may see what kind of Government wee live under. I have been a very considerable sufferer by these robbers etc. Quotes his own case etc. Signed, Robt. Galbraith. Endorsed as preceding. 9 small pp.
503. vi. Minutes of Council of Antegoa, 2nd March, 1727. In reply to Governor Hart's letter and queries, the Council resolved that, since he is absolutely restrained by his Instructions from making reprisals on the subjects of any foreign Potentate in time of peace, etc. and there being no advice of any declaration of war against Spain, the effects of or persons belonging to the Spanish ship which lately came on shore at Barbuda ought not to be detained. Same endorsement. Copy. 7 ½ pp.
503. vii. H.M. 98th Instruction to Governor Hart. Same endorsement. Copy.½ p.
503. viii. Minutes of Council of Antigua, 5th April, 1727, relating to the Spanish ship at Barbuda etc. v. covering letter. Same endorsement. 9 pp
503. ix. List of negroes imported into Nevis, 20th Dec, 1721–1726. Totals, 1267 negroes, by 13 ships belonging to Separate Traders. Same endorsement 1 p.
503. x. List of negroes imported into Montserrat, 25th Dec., 1720–1726. Totals, 1276 negroes, by 13 ships belonging to Separate Traders, and two to the Royal African Company. Same endorsement. 1 p. [C.O. 152, 15. ff. 355–359v;., 360v., 361v.–368, 369–382, 383v., 385–392.]
April 11.
504. Duke of Newcastle to Lt. Governor Dummer. Encloses following, q.v. Continues :—In order to prevent the many inconveniencies, wch. may attend H.M. service, and the trade of his subjects in that Province, I am commanded to signify to you H.M. pleasure, that you should use your utmost endeavours to put an effectual stop to these procedings of the General Assembly, both against the Judge and other Officers of the Vice Admiralty Court, and the Officers of the Customs, and those likewise who have signed any memorials or representations in their behalf. It is not H.M. intention, that any of the said officers should pass with impunity upon any manifest neglect or failure in their duty, but in that case, where there is just cause against them, you are (as you are directed by H.M. Instructions to the Governor) to represent the same to H.M. and the Lords Commissioners for Trade and Plantations, whereupon the matter will undergo a due examination in the proper Offices, and H.M. pleasure will be signified accordingly. Signed, Holles Newcastle. Annexed,
504. i. Lords Commissioners of the Admiralty to the Duke of Newcastle. Admiralty Office, 5th April, 1727. Col. Shute, Governor of New England, having delivered into this Office a copy of the votes of the House of Representatives there, by which a Committee was appointed to discover what persons signed the memorial to this Board, and another to the Commissioners of H.M. Customs, relating to the interruptions the Officers of the Vice-Admiralty receive from the provincial Judges, in the due and legal execution of their office, by their issuing protestations against the decrees of the Judge of the said Court; and of the report which the said Committee have made upon their examining thereinto; the further consideration whereof the Council in New England have referred to the sessions in May next, we send your Grace copies of the aforesaid vote etc., which we desire your Grace will please to communicate to H.M., and that you will move H.M. that such orders may be forthwith sent to the Commander in Chief of the said Government of New England, as may effectually put a stop to all such proceedings of the General Assembly against the Judge, and other officers of the Vice-Admiralty Court, and those who signed with them the aforesaid memorials, and that the aforesaid officers may be permitted to proceed in the due and legal execution of their employments, since otherwise it may occasion not only a total stop to all Admiralty proceedings there, but be very prejudicial to H.M. Revenue, as the Commissioners of the Customs alledge, and to H.M. maritime subjects. And that if there shall be any just cause of complaint against the proceedings of the said Officers of the Vice Admiralty, the same may be transmitted to England, that so they may be examined into. Signed, Berkeley, Jo. Cokburne, W. Chetwynd.
504. ii. Vote of the House of Representatives of the Massachusetts Bay, 2nd Jan., 1726(7), appointing a Committee to discover what persons have signed the memorial mentioned in Mr. Agent Dummer's letter, 10th Sept., 1726. The Council concurred and appointed members for said Committee.
504. iii. Report of said Committee, naming signatories.
504. iv. Vote of Council and Representatives, Jan. 5, 1727, referring above report till May Session etc. [C.O. 324, 35. pp. 319–322.]
April 11
505. Council of Trade and Plantations to the Duke of Newcastle. Enclose copy of Mr. Ayscough's letter, 26th Jan., to be laid before H.M., "it being necessary that some immediate directions be given thereupon." [C.O. 138, 17. pp. 134, 135.]
April 12.
506. Lt. Governor Dummer to the Council of Trade and Plantations. Replies to letters of 9th Nov. 1726 and 18th Feb. 1727. The proposal made by this Govermt. to the Government of N. Hampshire to joyne Commissrs. wth. them for an amicable determination of the matter in difference respecting the line being wholly rejected by that Governmt. (v. end. i.), the Generl. Assembly of this Province have addressed H.M. for His Royal determination thereon and have instructed their Agent to prsue. the matter to an issue of which your Ldships. are without doubt fully inform'd etc. I shall carefully observe instructions as to bills of credit, 18th Feb. Signed, Wm. Dummer. Endorsed, Recd. 3rd, Read 8th June, 1727. l ½ pp. Enclosed,
506. i. Vote of the House of Representatives of New Hampshire, 1st Dec, 1726. Reject proposal from the Massachusetts Bay to appoint Boundary Commissioners, that having been done in vain already several times, and the matter being now before H.M. in Council. Endorsed, Recd. 1st Jan., 1727. Copy. 1 p. [C.O. 5, 869. ff. 407–409, 410v.]
April 14.
507. Council of Trade and Plantations to the King. Lt. Governor Calvert having given the required security (8th Feb. etc.), enclose draught of Instructions for H.M. signature to Lord Baltemore relating to the Acts of Trade. Continue :—As we have made some variations from those instructions which were formerly given to the Proprietary Governors, we take leave to acquaint your Majesty therewith vizt., In the 5th Article, in order to prevent the counterfeiting of certificates about landing Plantation goods in this Kingdom, we have inserted a clause by which Mr. Calvert is inform'd that all such certificates will be signed by four of your Majesty's Commissioners of the Customs in London or Edingbrough respectively; and have added a clause in the 18th Article, from an Act passed in the 19th year of your Majty.'s reign, to prevent the importation of stripp'd tobacco. We have likewise added the 22nd and 23rd articles, to prevent the Officers of the Customs from being interrupted in their duties, by serving on juries, in the Militia or parochial offices ; and for the more ready supplying the vacancies that may happen in such offices, during the absence of the respective Surveyors General of your Majesty's Customs in America. Annexed,
507. i. Instructions for Lord Baltimore referred to in preceding. [C.O. 5, 1293. pp. 416–455.]
[April 15]. 508. Governor Nicholson to the Council of Trade and Plantations. Prays to be heard against the Act of Virginia laying a duty upon liquors imported. The said Act enacts that an additional 1d. pr. gallon be laid for 21 years and that £200 pr. annum out of it be appropriated for the releif of the College of William and Mary and paid half yearly to the surviving Trustees until transferred to the President and Masters and after such transfer then to the President and Master(s) for supporting the full number of masters etc., and if there should be no trustee residing in this country before such transfer then the £200 is to be paid to the Visitors and Governors of the College etc. As one of the surviving Trustees, Memorialist opposes said Act as making provisions for establishing the full number of professors in a manner directly opposite to that prescribed by the Charter. The £200 in the shape it is given will greatly prejudice the true interest of the College etc. The Act is also contrary to the Governor's Instructions etc. Endorsed, Recd. 15th, Read 18th April, 1727. 1 ¼ pp. [C.O. 5, 1320. ff. 125, 125v., 126v.]